SENATE BILL 68
47th legislature - STATE OF NEW MEXICO - first session, 2005
INTRODUCED BY
Mary Kay Papen
AN ACT
RELATING TO CORRECTIONS; CHANGING THE COMPOSITION OF THE CORRECTIONS COMMISSION; LIMITING THE ADVISORY AUTHORITY OF THE CORRECTIONS COMMISSION TO THE CORRECTIONS INDUSTRIES DIVISION; AMENDING, REPEALING AND ENACTING SECTIONS OF THE NMSA 1978.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. A new section of the Corrections Industries Act is enacted to read:
"[NEW MATERIAL] CORRECTIONS COMMISSION.--The "corrections commission" is created. The commission consists of seven members appointed by the governor with the advice and consent of the senate for staggered terms of four years or less in a manner that the terms of one or two members expire as the case may be on June 30 each year. Four members of the commission constitute a quorum for the transaction of business. Not more than four members shall be of the same political party. Any member who fails to attend three consecutive meetings of the commission without being excused by the commission shall be automatically removed. Vacancies shall be filled by appointment by the governor for the remainder of the unexpired term. Members of the commission shall be reimbursed as provided in the Per Diem and Mileage Act and shall receive no other compensation, perquisite or allowance."
Section 2. Section 33-8-6 NMSA 1978 (being Laws 1981, Chapter 127, Section 6, as amended) is amended to read:
"33-8-6. COMMISSION--POWERS AND DUTIES.--The commission [shall have] has the following powers and duties to:
A. [to] determine those enterprises to be conducted in facilities in such volume, kind and place as to eliminate unnecessary inmate idleness at all facilities and to provide diversified work activities [which] that will serve as a means of enhancing vocational skills;
B. [to] determine whether any enterprise should be established, expanded, diminished or discontinued;
C. [to] establish policy with respect to the conduct of all enterprises;
D. [to] approve the prices at which all services and products provided, manufactured, produced or harvested by enterprises shall be furnished; provided that the prices shall be as near the prevailing market price as possible. As used in this subsection, "prevailing market price" means the prevailing price [which] that an equivalent product or service would have if purchased by a state agency or local public body from community sources. The commission shall include data provided by the purchasing division of the general services department in the price determination process. Compensation paid to inmates shall be included as an item of the cost in fixing prices;
E. [to] consult regularly and continuously with state agencies and local public bodies in order to develop new enterprise products, adapt existing enterprise products and establish new service functions to meet their needs;
F. [to] act as liaison with private industry, organized labor, the legislature and the general public;
G. [to] obtain and provide technical assistance for enterprise programs;
H. [to] hold meetings at such times and for such periods as it deems essential, but not less than quarterly;
I. [to] recommend to the department the adoption of rules [and regulations] necessary to carry out the provisions of the Corrections Industries Act;
J. notwithstanding any other provision of law, [to] adopt policies and procedures [which would] that permit an enterprise to make a single purchase of raw materials involving the expenditure of twelve thousand dollars ($12,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product. Records of such purchases shall be maintained for auditor's inspection and reported at the next scheduled commission meeting. Separate purchases of the same or similar materials from the same or different suppliers at the same time or about the same time where each purchase does not exceed twelve thousand dollars ($12,000), but the aggregate of such purchases exceeds twelve thousand dollars ($12,000), shall be considered a single purchase involving more than twelve thousand dollars ($12,000);
K. notwithstanding any other provision of law, [to] adopt policies and procedures [which would] that permit an enterprise to make a single purchase of a product or service other than raw materials involving the expenditure of two thousand dollars ($2,000) or less without bids and at the best obtainable price whether or not the provider is the holder of a preexisting state contract for the particular product or service. Records of such purchases shall be maintained for auditor's inspection and reported at the next scheduled commission meeting. Separate purchases of the same or similar materials or services from the same or different suppliers at the same time or about the same time where each purchase does not exceed two thousand dollars ($2,000), but the aggregate of such purchases exceeds two thousand dollars ($2,000), shall be considered a single purchase involving more than two thousand dollars ($2,000);
L. [to] review, approve, adopt and monitor an annual budget for all enterprises. The budget process shall include a projected profit analysis, sales forecast and anticipated year-end financial forecast;
M. [to] submit and recommend the names of one or more qualified individuals to the secretary of corrections for appointment as director of the corrections industries division;
N. advise the director of the corrections industries division in the management and control of the corrections industries division;
[N. to] O. assist in the process of inmate occupational placement upon release from confinement by coordination with the parole board and the field services division; and
[O. to] P. prepare an annual report to the governor and the legislature [which shall contain] that contains:
(1) a detailed financial statement for each enterprise in each facility;
(2) a detailed financial statement of the fund;
(3) reasons for establishing or terminating enterprises;
(4) a summary of plans to develop additional enterprises;
(5) the number of inmates employed in each enterprise;
(6) the number of idle inmates available for work at each facility; and
(7) any further information requested by the governor or the legislature."
Section 3. TEMPORARY PROVISION--CONTINUATION OF APPOINTMENT TERMS.--Commission members serving on the effective date of this act may continue to serve until their terms expire.
Section 4. REPEAL.--Section 33-1-4 NMSA 1978 (being Laws 1969, Chapter 226, Section 4, as amended) is repealed.
Section 5. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2005.
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